(a) General rule.-- Whenever a particular character of discharge is a prerequisite to eligibility for receiving a benefit provided for in this title, an individual must have received a discharge from service under conditions other than dishonorable. Recipients of a discharge under conditions other than dishonorable include the following: (1) A recipient of an honorable discharge. (2) A recipient of a general, under honorable conditions, discharge. (3) A recipient of a discharge under other than honorable conditions for which the recipient has been determined to be eligible for benefits afforded by the United States Department of Veterans Affairs. (4) A recipient of a discharge for which benefits are payable under 38 CFR 3.12 (relating to character of discharge). (b) Exclusions.-- A discharge under conditions other than dishonorable does not include: (1) A dishonorable, bad conduct or undesirable discharge. (2) A discharge or release because of one of the offenses specified in 38 CFR 3.12(d). (c) Uncharacterized separations.-- A recipient of an uncharacterized discharge or separation shall be evaluated based upon 38 CFR 3.12(k).
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